Editor's Note :

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There is a possibility of opinions on Tuesday and Wednesday. We will begin live-blogging on Tuesday at 9:45 a.m. at this link, where readers can sign up for an email reminder when we begin the live blog.
On Tuesday the Supreme Court hears oral argument in Cochise Consultancy Inc. v. United States, ex rel. Hunt; David Engstrom has our preview.

Breaking News :

Breaking News :

The Boeing Company v. United States

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
09-1302 Federal Cir. Jan 18, 2011
Tr.Aud.
May 23, 2011 9-0 Scalia OT 2010

Holding: When a court dismisses a contractor's prima facie valid affirmative defense to the government's allegations of breach of contract to protect state secrets, a proper remedy is to leave the parties where they were on the day they filed suit.

Plain English Holding: When litigation would end up disclosing state secrets, courts may not try the claims and may not award relief to either party.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Scalia on May 23, 2011.

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